Florida Statute 447.305 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.305

447.305 Registration of employee organization.—

(1) Every employee organization seeking to become a certified bargaining agent for public employees shall register with the commission pursuant to the procedures set forth in s. 120.60 prior to requesting recognition by a public employer for purposes of collective bargaining and prior to submitting a petition to the commission requesting certification as an exclusive bargaining agent. Further, if such employee organization is not registered, it may not participate in a representation hearing, participate in a representation election, or be certified as an exclusive bargaining agent. The application for registration required by this section shall be under oath and in such form as the commission may prescribe and shall include:

(a) The name and address of the organization and of any parent organization or organization with which it is affiliated.

(b) The names and addresses of the principal officers and all representatives of the organization.

(c) The amount of the initiation fee and the amount and collection frequency of the dues and uniform assessments that a member must pay.

(d) The current annual financial statement of the organization, prepared by an independent certified public accountant licensed under chapter 473.

(e) The name of its business agent, if any; if different from the business agent, the name of its local agent for service of process; and the addresses where such person or persons can be reached.

(f) A pledge, in a form prescribed by the commission, that the employee organization will conform to the laws of the state and that it will accept members without regard to age, race, sex, religion, or national origin.

(g) A copy of the current constitution and bylaws of the employee organization.

(h) A copy of the current constitution and bylaws of the state and national groups with which the employee organization is affiliated or associated. In lieu of this provision, and upon adoption of a rule by the commission, a state or national affiliate or parent organization of any registering labor organization may annually submit a copy of its current constitution and bylaws.

(2) A registration granted to an employee organization pursuant to this section runs for 1 year from the date of issuance. A registration must be renewed annually by filing an application for renewal under oath with the commission, which application must reflect any changes in the information provided to the commission in conjunction with the employee organization’s preceding application for registration or previous renewal, whichever is applicable. Each application for renewal of registration must include a current annual financial statement, prepared by an independent certified public accountant licensed under chapter 473 and signed by the employee organization’s president and treasurer or corresponding principal officers, containing the following information in such detail as may be necessary accurately to disclose its financial condition and operations for its preceding fiscal year and in such categories as the commission may prescribe:

(a) Assets and liabilities at the beginning and end of the fiscal year;

(b) Receipts of any kind and the sources thereof;

(d) Salary, allowances, and other direct or indirect disbursements, including reimbursed expenses, to each officer and also to each employee who, during such fiscal year, received more than $10,000 in the aggregate from such employee organization and any other employee organization affiliated with it or with which it is affiliated or which is affiliated with the same national or international employee organization;

(e) Direct and indirect loans made to any officer, employee, or member which aggregated more than $250 during the fiscal year, together with a statement of the purpose, security, if any, and arrangements for repayment; and

(f) Direct and indirect loans to any business enterprise, together with a statement of the purpose, security, if any, and arrangements for repayment.

(3) In addition to subsection (2), an employee organization that has been certified as the bargaining agent for public employees must include for each such certified bargaining unit the following information and documentation as of the 30th day immediately preceding the date upon which its current registration is scheduled to end for any renewal of registration on or after October 1, 2023:

(a) The number of employees in the bargaining unit who are eligible for representation by the employee organization.

(b) The number of employees in the bargaining unit who have submitted signed membership authorization forms without a subsequent revocation of such membership.

(d) The number of employees in the bargaining unit who did not pay dues to the employee organization.

(e) Documentation provided by an independent certified public accountant retained by the employee organization which verifies the information provided in paragraphs (a)-(d).

(4) The employee organization must provide a copy of its application for renewal of registration relating to a public employer’s employees to the public employer on the same day the application is submitted to the commission.

(5) An application for renewal of registration is incomplete and is not eligible for consideration by the commission if it does not include all of the information and documentation required in subsection (3). The commission shall notify the employee organization if the application is incomplete. An incomplete application must be dismissed if the required information and documentation are not provided within 10 days after the employee organization receives such notice.

(6) Notwithstanding the provisions of this chapter relating to collective bargaining, an employee organization certified as a bargaining agent to represent a bargaining unit for which less than 60 percent of the unit employees have submitted membership authorization forms without subsequent revocation and paid dues to the organization during its last registration period must petition the commission pursuant to s. 447.307(2) and (3) for recertification as the exclusive representative of all employees in the bargaining unit within 30 days after the date on which the employee organization applies for renewal of registration pursuant to subsection (2). The certification of an employee organization that does not comply with this section is revoked.

(7) The public employer or a bargaining unit employee may challenge an employee organization’s application for renewal of registration if the public employer or bargaining unit employee believes that the application is inaccurate. The commission or one of its designated agents shall review the application to determine its accuracy and compliance with this section. If the commission finds that the application is inaccurate or does not comply with this section, the commission shall revoke the registration and certification of the employee organization.

(8) The commission may conduct an investigation to confirm the validity of any information submitted pursuant to this section. The commission may revoke or deny an employee organization’s registration or certification if it finds that the employee organization:

(a) Failed to cooperate with the investigation conducted pursuant to this subsection, including refusal to permit the commission to inspect membership authorization forms or revocations pursuant to s. 447.301(1)(b)5.; or

(b) Intentionally misrepresented the information it submitted pursuant to this section.

A decision issued by the commission pursuant to this subsection is a final agency action that is reviewable pursuant to s. 447.504.

(9) An employee organization is exempt from the requirements of subsections (3)-(8) only with respect to the circumstances of each bargaining unit the majority of whose employees eligible for representation are employed as law enforcement officers, correctional officers, or correctional probation officers as those terms are defined in s. 943.10(1), (2), or (3), respectively; firefighters as defined in s. 633.102; 911 public safety telecommunicators as defined in s. 401.465(1)(a); or emergency medical technicians or paramedics as defined in s. 401.23.

(10) A registration fee shall accompany each application filed with the commission. The amount charged for an application for registration or renewal of registration shall not exceed $15. All such money collected by the commission shall be deposited in the General Revenue Fund.

(11) Every employee organization shall keep accurate accounts of its income and expenses, which accounts shall be open for inspection at all reasonable times by any member of the organization or by the commission. In addition, each employee organization that has been certified as a bargaining agent must provide to its members an annual financial report prepared by an independent certified public accountant licensed under chapter 473 that includes a detailed breakdown of revenues and expenditures in such categories as the commission may prescribe, and an accounting of membership dues and assessments. The employee organization must notify its members annually of all costs of membership.

History.—s. 3, ch. 74-100; s. 11, ch. 77-343; s. 2, ch. 79-89; s. 34, ch. 83-174; s. 24, ch. 95-345; s. 134, ch. 2000-165; s. 60, ch. 2002-194; s. 12, ch. 2020-160; s. 4, ch. 2023-35; s. 4, ch. 2024-23.

F.S. 447.305 on Google Scholar

F.S. 447.305 on Casetext

Amendments to 447.305

Arrestable Offenses / Crimes under Fla. Stat. 447.305

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.305.

Annotations, Discussions, Cases:

Cases Citing Statute 447.305

Total Results: 14

FLA. EMPLOY. COUNCIL 79 v. Daniels

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-07T23:53:00-08:00

Citation: 646 So. 2d 813

Snippet: EBC and the Brotherhood. PERC analyzed section 447.305, Florida Statutes, which establishes the registration

Florida Public Employees Council 79 v. City of Pensacola

Court: Fla. Dist. Ct. App. | Date Filed: 1989-10-05T00:00:00-07:00

Citation: 550 So. 2d 132

Snippet: Organizations, Public Employees,” which in section 447.305 sets forth procedures for registration of an employee

Sanitation Employees Ass'n v. Metropolitan Dade County & Miami-Dade Water & Sewer Authority

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-10T00:00:00-07:00

Citation: 526 So. 2d 128, 13 Fla. L. Weekly 1151, 1988 Fla. App. LEXIS 1902, 1988 WL 44483

Snippet: disagree with the majority’s opinion that section 447.305(1), Florida Statutes (1985), requiring registration

Hillsborough County Board of County Commissioners v. Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1983-12-30T00:00:00-08:00

Citation: 447 So. 2d 1371, 1983 Fla. App. LEXIS 25433

Snippet: section 447.305 require meaningful disclosure, PERC argues (i) that the amendment of section 447.305 in 1979…amendments to section 447.305. The reference to section 120.60 in section 447.305 thus appears only to … with the registration requirements of section 447.305(l)(h), Florida Statutes (1979), and to clarify …PERC recites that the 1979 amendments to section 447.305, Florida Statutes, converted the registration of…throughout the R-C proceedings. We disagree. Section 447.305 of the Florida Statutes provides for the registration

City of Ocoee v. CENTRAL FLA., ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-10-15T00:53:00-07:00

Citation: 389 So. 2d 296

Snippet: Local 2057's failure to comply with section 447.305, Florida Statutes (1977), bars PERC from ordering…ordering a representation election. Section 447.305, Florida Statutes (1977), provides: (1) Every employee….2d 767 (Fla. 1st DCA 1978), construed section 447.305(6) as requiring both registration and submission… that the registration requirements of section 447.305 were "hyper-technicalities." The court…recognition." (Emphasis supplied.) Section 447.305(6) prohibits a non-complying organization from

N. Brevard v. Fla. Pub. Emp. Rel. Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-23T00:53:00-07:00

Citation: 392 So. 2d 556

Snippet: register. Florida Statute § 447.305 states in pertinent part: "447.305 Registration of employee organization…update § 447.305(2)) the initial financial statement filed by union at time of registration (§ 447.305(1)(d…;s petition based, inter alia, on violation of 447.305 (failure to properly register). The Union withdrew…that the Union was still not in compliance with § 447.305 at the time of its second petition. The Hospital…financial report required by Florida Statute § 447.305, determined that the Union's records were being

North Brevard County Hospital District, Inc. v. Florida Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-23T00:00:00-07:00

Citation: 392 So. 2d 556, 108 L.R.R.M. (BNA) 2534, 1980 Fla. App. LEXIS 18309

Snippet: properly register. Florida Statute § 447.305 states in pertinent part: “447.305 Registration of employee organization… (§ 447.305(2)) the initial financial statement filed by union at time of registration (§ 447.305(l)(d…’s petition based, inter alia, on violation of 447.305 (failure to properly register). The Union withdrew…that the Union was still not in compliance with § 447.305 at the time of its second petition. The Hospital…financial report required by Florida Statute § 447.305, determined that the Union’s records were being

Bay County Board of County Commissioners v. Florida Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1978-12-01T00:00:00-08:00

Citation: 365 So. 2d 767, 1978 Fla. App. LEXIS 17159, 100 L.R.R.M. (BNA) 2053

Snippet: election, to comply with F.S. 447.305(1), (2) which states in pertinent part: “447.305 Registration of employee…circuit court.” Teamsters and PERC urge that F.S. 447.-305(6) only requires registration as a condition precedent…more broadly. The first five subsections of F.S. 447.305 contain numerous requirements. Subsection (6) does

UNITED FACULTY OF FLA., ETC. v. Branson

Court: Fla. Dist. Ct. App. | Date Filed: 1977-09-20T00:53:00-07:00

Citation: 350 So. 2d 489

Snippet: election for collective bargaining purposes. Section 447.305(1). Other employee organizations, though they have

School Board of Marion County v. Florida Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1977-01-25T00:00:00-08:00

Citation: 341 So. 2d 819

Snippet: between Sections 447.305(1) and 447.307(2), Florida Statutes (1975). Section 447.305(1) provides in pertinent… commission. . . . ” (emphasis added.) Section 447.305(1) appears to contemplate alternative methods for…contained consistent provisions paralleling Sections 447.305(1) and 447.307(2) of the 1974 legislation. Thus…House Bill 3314 was identical to present Section 447.305(1) and Section 2-447.009(2) of the bill provided… opposing inferences now arising from Sections 447.305 and 447.-307(2). The School Board construes Section

Amalg. Transit Union v. Pub. Emp. Rel. Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 1976-09-15T00:53:00-07:00

Citation: 344 So. 2d 319

Snippet: proceedings because of registration irregularities. Sec. 447.305, F.S. 1975. Here, by contrast, Amalgamated'

Laborers Int'l U. of No. Amer. v. PUBLIC EMP. COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1976-08-16T00:53:00-07:00

Citation: 336 So. 2d 450

Snippet: 666 of petitioners was not in compliance with § 447.305(2), Florida Statutes, and Commission Rule 8H-6.02

Laborers International Union, Local 666 v. Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1976-08-16T00:00:00-07:00

Citation: 336 So. 2d 450

Snippet: 666 of petitioners was not in compliance with § 447.305(2), Florida Statutes, and Commission Rule 8H-6.02

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-10-03T00:53:00-07:00

Snippet: and 447.009 will be renumbered as ss. 447.207,447.305, and 447.307, F.S., respectively. Florida